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Alcohol and Tobacco License ApplicationsTHE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI- America City 11111r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Aldi, Inc. #30, 2160 Holliday Drive • Angie's Bar, 1401 Elm Street • Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive • Club Heat, 1700 Central Avenue • Denny's Lux Club, 3050 Asbury Road • Europa Cafe of Dubuque, 4031 Pennsylvania Avenue • Fat Tuesday's, 1121 University Avenue • Fiesta Cancun Authentic Mexican Restaurant, 2515 -1 Northwest Arterial • Friendly Locust Mart, 408 West Locust Street • The Grand Tap, 802 Central Avenue • Happy Joe's Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive • Happy's Place, 2323 Rockdale Road • Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial • Manna Java World Cafe, 700 Locust Street • Phillips 66 /Arby's, 10 South Main Street • Red Robin America's Gourmet Burgers & Spirits, 2775 Northwest Arterial • The Copper Kettle Inc., 2987 Jackson Street DATE: October 1, 2013 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Aldi, Inc. #30, 2160 Holliday Drive; Angie's Bar, 1401 Elm Street; Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Club Heat, 1700 Central Avenue; Denny's Lux Club, 3050 Asbury Road; Europa Cafe of Dubuque, 4031 Pennsylvania Avenue; Fat Tuesday's, 1121 University Avenue; Fiesta Cancun Authentic Mexican Restaurant, 2515 -1 Northwest Arterial; Friendly Locust Mart, 408 West Locust Street; The Grand Tap, 802 Central Avenue; Happy Joe's Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive; Happy's Place, 2323 Rockdale Road; Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial; Manna Java World Cafe, 700 Locust Street; Phillips 66 /Arby's, 10 South Main Street; Red Robin America's Gourmet Burgers & Spirits, 2775 Northwest Arterial; and The Copper Kettle Inc., 2987 Jackson Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligan MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark Da!sing, Chief of Police 2 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi DATE: Oct 7th, 2013 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing Chief of Police RE: Liquor License Renewal for the following: • Aldi, Inc #30, 2160 Holliday Drive • Angie's Bar, 1401 Elm Street • Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive • Club Heat, 1700 Central Avenue • Denny's Lux Club, 3050 Asbury Road • Europa Cafe of Dubuque, 4031 Pennsylvania Avenue • Fat Tuesday's, 1121 University Avenue • Fiesta Cancun Authentic Mexican Restaurant, 2515 -1 Northwest Arterial • Friendly Locust Mart, 408 West Locust Street • The Grand Tap, 802 Central Avenue • Happy Joe's Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive • Happy's Place, 2323 Rockdale Road • Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial • Manna Java World Cafe, 700 Locust Street • Phillips 66 /Arby's, 10 South Main Street • Red Robin America's Gourmet Burgers & Spirits, 2775 Northwest Arterial • The Copper Kettle Inc., 2987 Jackson Street INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. 1 BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and /or subjects and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances DISCUSSION Aldi, Inc #30, 2160 Hollilday Drive Since the last renewal date there have been nine calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Angie's Bar, 1401 Elm Street Since the last renewal date there have been 19 calls for service to the establishment. There were two disturbances, no crimes against persons, no crimes against property, and three public morals calls. Additionally, there were two individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 13 -469 Disturbance - verbal Public Intoxication 13 -19785 Disturbance -noise Dispatcher Handled 13 -21374 Public Morals- controlled substance Possession of Crack Cocaine 13 -34086 Public Morals- intoxication Handled By Officer 13 -34278 Public Morals- intoxication Dispatcher Handled Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive Since the last renewal date there have been seven calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Club Heat, 1700 Central Avenue Since the last renewal date there have been 19 calls for service to the establishment. There were five disturbances, two crimes against persons, no crimes against property, and two public morals calls. Additionally, there were 13 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -58776 Disturbance — active fight Public Intoxication (X3) 13 -2218 Disturbance — active verbal Report Filed 2 13 -4084 Disturbance — active verbal Handled By Officer 13 -9340 Disturbance — active verbal Handled By Officer 13 -12657 Disturbance — active verbal Public Intoxication (X2) 13 -34812 Public morals — intoxication Public Intoxication (X2), Unlawful Possession of Prescription Pills 13 -39819 Public morals — intoxication Report Filed 13 -40916 Assault — bodily injury Public Intoxication 13 -41689 Assault — no bodily injury Public Intoxication (X2), Interference, Harassment of City Officials Denny's Lux Club, 3050 Asbury Road Since the last renewal date there have been 14 calls for service to the establishment. There were three disturbances, no crimes against persons, two crimes against property, and one public morals call. Additionally, there were four individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -49255 Theft — purse Offense Report Filed 12 -58761 Disturbance — active verbal Public Intoxication 12 -60320 Public morals — intoxication Dispatcher Handled 12 -63338 Theft — cell phone Offense Report Filed 13 -11708 Disturbance — active verbal Report Filed 13 -27206 Disturbance — active verbal Public Intoxication, Disorderly Conduct, Domestic Assault - simple Europa Cafe of Dubuque, 4031 Pennsylvania Avenue Since the last renewal date there have been no calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Fat Tuesday's, 1121 University Avenue Since the last renewal date there have been eight calls for service to the establishment. There were no disturbances, no crimes against persons, one crime against property, and one public morals call. Additionally, there were three individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 13 -2902 Theft - merchandise Offense Report Filed 13 -40524 Public morals Public Intoxication x 2 Interference with Official Acts Fiesta Cancun Authentic Mexican Restaurant, 2515 -1 Northwest Arterial Since the last renewal date there have been three calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. 3 Friendly Locust Mart, 408 West Locust Street Since the last renewal date there have been 13 calls for service to the establishment. There were two disturbances, one crime against persons, two crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -58045 Theft - merchandise Offense Report Filed 13 -2836 Theft - merchandise Offense Report Filed 13 -15401 Disturbance - verbal Handled By Officer 13 -41881 Disturbance - verbal Handled By Officer 13 -42896 Assault -no injury Handled By Officer The Grand Tap, 802 Central Avenue Since the last renewal date there have been three calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Happy Joe's Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive Since the last renewal date there have been eight calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there was one individual violation and one violation against the business. DPD Case # Type of Call /Circumstances Disposition 13 -1593 Public Morals- alcohol compliance Selling Alcohol to a Minor Happy's Place, 2323 Rockdale Road Since the last renewal date there have been 10 calls for service to the establishment. There were no disturbances, no crimes against persons, one crime against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -45714 Theft -debit card Offense Report Filed Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial Since the last renewal date there have been four calls for service to the establishment. There were no disturbances, no crimes against persons, three crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 13 -24617 Theft- gasoline Offense Report Filed 13 -25908 Theft- gasoline Dispatcher Handled 13 -37741 Theft- gasoline Offense Report Filed 4 Manna Java World Cafe, 700 Locust Street Since the last renewal date there has been one call for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Phillips 66 /Arby's, 10 South Main Street Since the last renewal date there have been 11 calls for service to the establishment. There were no disturbances, one crime against persons, one crime against property, and two public morals calls. Additionally, there were two individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -47239 Public morals — intoxication OWI, Driving While Barred 13 -36558 Domestic order violation Offense Report Filed 12 -44928 Theft Handled By Officer 13 -19322 Public morals — controlled substances Handled By Officer Red Robin America's Gourmet Burgers & Spirits, 2775 Northwest Arterial Since the last renewal date there have been nine calls for service to the establishment. There were no disturbances, no crimes against persons, one crime against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 13 -18523 Criminal mischief — to motor vehicle Offense Report Filed The Copper Kettle Inc., 2987 Jackson Street Since the last renewal date there has been one call for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Aldi, Inc #30, 2160 Holliday Drive; Angie's Bar, 1401 Elm Street; Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Club Heat, 1700 Central Avenue; Denny's Lux Club, 3050 Asbury Road; Europa Cafe of Dubuque, 4031 Pennsylvania Avenue; Fat Tuesday's, 1121 University Avenue; Fiesta Cancun Authentic Mexican Restaurant, 2515 -1 Northwest Arterial; Friendly Locust Mart, 408 West Locust Street; The Grand Tap, 802 Central Avenue; Happy Joe's Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive; Happy's Place, 2323 Rockdale Road; Hy- Vee Gas #2 Dubuque, 2435 Northwest Arterial; Manna Java World Cafe, 700 Locust 5 Street; Phillips 66 /Arby's, 10 South Main Street; Red Robin America's Gourmet Burgers & Spirits, 2775 Northwest Arterial and The Copper Kettle Inc., 2987 Jackson Street. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Aldi, Inc #30, 2160 Holliday Drive; Angie's Bar, 1401 Elm Street; Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Club Heat, 1700 Central Avenue; Denny's Lux Club, 3050 Asbury Road; Europa Cafe of Dubuque, 4031 Pennsylvania Avenue; Fat Tuesday's, 1121 University Avenue; Fiesta Cancun Authentic Mexican Restaurant, 2515 -1 Northwest Arterial; Friendly Locust Mart, 408 West Locust Street; The Grand Tap, 802 Central Avenue; Happy Joe's Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive; Happy's Place, 2323 Rockdale Road; Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial; Manna Java World Cafe, 700 Locust Street; Phillips 66 /Arby's, 10 South Main Street; Red Robin America's Gourmet Burgers & Spirits, 2775 Northwest Arterial and The Copper Kettle Inc., 2987 Jackson Street. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 6 RESOLUTION NO. 297-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation. Aldi Inc. #30 2160 Holliday Dr. Class C Beer, Class B Wine (Sunday) Angie's Bar 1401 Elm Class C Liquor (Sunday) Carlos O'Keliy's 1355 Associates Dr. Class C Liquor (Catering) (Sunday) Club Heat 1700 Central Ave. Class C Liquor Denny's Lux Club 3050 Asbury Rd. Class C Liquor (Outdoor) (Sunday) Europa Cafe of Dubuque 4031 Pennsylvania Ave. Special Class C Liquor Fat Tuesday's 1121 University Ave. Class C Liquor (Sunday) Fiesta Cancun 2515 -1 NW Arterial Class C Liquor (Outdoor) (Sunday) Friendlylocust mart 408 West Locust St. Class C Beer (Sunday) Grand Tap The 802 Central Class C Liquor (Sunday) Happy Joe's Pizza Parlor 855 Century Dr. Class B Beer (Sunday) Happy's Place 2323 Rockdale Rd. Class C Liquor (Sunday) Hy -Vee Gas #2 Dubuque 2435 NW Arterial Class C Beer (Sunday) Manna Java World Cafe 700 Locust St. Class C Liquor (Sunday) Phillips 66 /Arby's 10 South Main Class C Beer (Sunday) Red Robin 2775 NW Arterial Class C Liquor (Outdoor) (Sunday) The Copper Kettle Inc. 2987 Jackson St. Class C Liquor, Class B Native Wine (Catering) (Living) (Outdoor) (Sunday) Passed, approved and adopted this 7th day of October, 211 Attest: Ke 'n S. Firnstahl, Ci y Clerk Roy D. ol, Mayor RESOLUTION NO. 298 -13 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette /tobacco sales permit. Wayne's Convenience Store 1965 Central Ave Dubuque, IA. 52001 Passed, approved and adopted this 7th day of October, 2013. Attest: Kevi , S. Firnstahl, City Clerk